MEMORANDUM BY THE COURT.
It should be noted at the outset that a motion to dismiss a complaint for failure to plead sufficient facts to constitute a cause of action does not invoke a responsibility of the court to decide that the plaintiff is or is not entitled to judgment. The question is whether or not the petition or complaint is sufficient so that if all the facts therein are admitted, the court could grant judgment to the plaintiff. It is academic that facts...
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